Joshua Jermaine Nelson v. Texas
1. Is a statute unconsti tutional, on its face, when it is a content-based restri ction
that severel y criminalizes a substanti al amount of harml ess speech between adults –
speech that i s protected under the Fi rst Amendment?
2. Is a statute unconsti tutional, on i ts face, under the First Amendment, when it
criminalizes thought?
3. Is a statute unconsti tutionally overbroad under the Fifth and Fourteenth
Amendments to the United States Consti tution when its definitions are so vague and
ambi guous that it fails to provide a person of ordinary intelligence fair notice of what
is prohi bited, and when it is so standardl ess that it authori zes or encourages seriously
discriminatory enforcement?
4. Is a statute unconsti tutional under the Fifth and Fourteen th Amendments when
it does not have a mens rea requi rement as to the age of the al leged mi nor?
Is a statute unconstitutional on its face when it is a content-based restriction that severely criminalizes a substantial amount of harmless speech between adults